Hawkins v. Masters Farms, Inc.

United States District Court for the District of Kansas2003 WL 21555767 (D. Kan. 2003)

Facts

Creal was killed in Kansas in a collision with a tractor driven by Masters, a Kansas resident. At the time of his death, Creal was living in Kansas with his wife. Previously, Creal had been living with his mother in Missouri, and until they moved into an apartment together Creal spent nights with Ms. Creal but returned to his mother’s home after work every evening. Creal eventually moved into a house with his wife and ceased returning to his mother’s home after work. At the time of his death, Creal had a Missouri driver’s license and applied for a loan and car title in Missouri. He continued to receive paychecks at his mother’s home. Hawkins, representing Creal (plaintiff), filed suit in federal court asserting jurisdiction based on diversity of citizenship of the parties. Masters Farms, Inc. (defendant) moved to dismiss on the ground that there was no diversity of citizenship.

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